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Role of Codification in the Development of Private International Law

Student: Volkov Leonid

Supervisor: Irina V. Getman-Pavlova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

This graduate paper is devoted to the codification of private international law (PIL). The aim is to analyze the codification of PIL and identify its role in the development of modern PIL and the legal regulation of private law relations complicated by a foreign element. The main objectives of the paper include: (a) establishment of a legal nature, characteristics and features of the codification of PIL as well as criteria for its classification; (b) review of the process of formation, development and improvement of the codification of PIL as well as the characteristics and tendencies of its development; (c) analysis of modern national codifications of PIL of the individual states; (d) studying the latest developments of PIL in Russia. Based on this research the following conclusions were made: firstly, codification of PIL presents a complex systematization process, a meaningful organizing and structuring of the relevant legal standards; secondly, it is permissible to allocate such forms of legislative consolidation of legal norms of PIL as intersectoral codification, autonomous codification and complex autonomous codification; thirdly, history of formation and development of national codifications of PIL can be divided into five periods; fourthly, main tendencies of development of modern codification process of PIL represent, in particular, involving of a growing number of states in the implementation of the national codification of PIL; fifthly, reform of Title VI of the Civil Code of the Russian Federation led to a modernization of the contents of PIL in Russia, which defined Russian law of conflict to become more detailed, itemized and explicit; sixthly, adoption of the jurisdictional immunities provided a rejection of regulatory consolidation of the model of absolute immunity, it also established a relatively flexible legal regulation of limited matters of jurisdictional immunity (including the principle of reciprocity) and its renunciation.

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